WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 311

Proposed Pretrial Order by Alcatel-Lucent USA Inc., Ericsson Inc., Exedea INC., HTC America, Inc., HTC Corporation, Sony Mobile Communications (USA) Inc., Sony Mobile Communications AB, Telefonaktiebolaget LM Ericsson, WI-LAN Inc.. (Attachments: # 1 Exhibit 1 - Wi-LAN Witness List, # 2 Exhibit 2 - Alcatel-Lucent Witness List, # 3 Exhibit 3 - Ericsson -Sony Mobile Witness List, # 4 Exhibit 4 - HTC Witness List, # 5 Exhibit 5 - Wi-Lan Depo Designations, # 6 Exhibit 6 - Alcatel-Lucent Depo Designations, # 7 Exhibit 7 - HTC Depo Designations, # 8 Exhibit Wi-Lan Exhibit List, # 9 Exhibit Defendants' Exhibit List)(Pai, Ajeet)

EXHIBIT 3

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
Wi–LAN Inc.,
Plaintiff,
v.

Civil Action No. 6:10–CV–521–LED

Alcatel–Lucent USA Inc., et al.,
Defendants.

DEFENDANTS ERICSSON INC., TELEFONAKTIEBOLAGET LM ERICSSON,
SONY MOBILE COMMUNICATIONS AB AND SONY MOBILE COMMUNICATIONS (USA) INC.’S
JOINT TRIAL WITNESS LIST
Defendants

Ericsson

Inc.,

Telefonaktiebolaget

LM

Ericsson,

Sony

Mobile

Communications AB and Sony Mobile Communications (USA) Inc., pursuant to the Court’s
Docket Control Order entered in this case, file this Trial Witness List for identification and
categorization of trial witnesses.
Defendants reserve the right to provide supplemental witnesses and to identify additional
documents and/or witnesses upon receiving further guidance from the Court regarding the trial
schedule, or upon receipt of further disclosures from Plaintiff as a result of any order from the
Court regarding trial planning.
At this time, Defendants identify the following witnesses for trial:
(C)

WITNESS

Employer

(A)
WILL
CALL

(B)
MAY
CALL

MAY,
PROB.

Subject Matter

NOT
CALL

Stephen L.
Becker, Ph.D.
Mark Lanning

(Expert Witness)
(Expert Witness)

√
√

–1–

Expert Testimony
Damages
Expert Testimony
Technical

James L.
Olivier, Ph.D.
Michael Begley
Per Beming
David Brandt
Roger Burleigh
Mike Cromie
Asok Chatterjee
Nate Chizgi
Jan Derksen
Christian Dubuc
Charles Fish
Fredrik Gessler
Helmut Hansen
Tim Hernquist
Lee Hill
Ming-Chieh
Kuo
Jim Mahon
Peter Karlsson
Luke McLeroy
Janne Peisa
Fredrik Ovesjö
Mårten Pehrson
Martin Lysejko

(Expert Witness)

Bill Middleton
Andrew Parolin
Mikael Rylander
Paul F.
Struhsaker
Frank Vecella
Wi-LAN
Corporate
Representative
Joemanne Chi
Cheung Yeung
Natalya
Bezryadina
Shawn McEwan
Mikael
Gudmundson
Yan Liu

Wi-LAN, Inc.
Wi-LAN, Inc.
Ericsson
Consultant

√

Ericsson
Wi-LAN, Inc.

√

Ericsson
Ericsson
Airspan Networks, Inc.
Ericsson
Sony Mobile
Ericsson
Qualcomm
Ericsson
Wi-LAN Inc.
Baker Botts, LLP
Ericsson
Ericsson
Sony Mobile
Sony Mobile
Qualcomm
Andrews Kurth, LLP
Sony Mobile
Ericsson
Ericsson
Ericsson
Ericsson
Airspan Networks, Inc.

√
√
√
√
√
√
√
√
√
√
√
√
√
√
√
√
√
√
√
√
√
√
√

√
√
√

Expert Testimony
Technical
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Patent prosecution
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Corporate Testimony
Invention, Patent
Prosecution, Prior Art
Corporate Testimony
Corporate Testimony
Corporate Testimony
Invention, Patent
Prosecution, Prior Art
Corporate Testimony
Corporate Testimony

√

Airspan Networks

√

Invention, Patent
Prosecution, Prior Art
Corporate Testimony

Wi–LAN Inc.

√

Wi–LAN Inc.

√

Ericsson

√

Corporate Testimony
Technical information

Qualcomm

√

Technical information

–2–

In addition to the witnesses listed herein, Defendants reserve the right to call witnesses
designated by any other party on their respective witness lists. Defendants reserve the right to
amend their list of trial witnesses as appropriate. Specifically, Defendants reserve the right to
amend their list of trial witnesses to include: (1) any persons identified on Plaintiff’s or any of the
other Defendants’ Pretrial Disclosures; (2) any persons identified in or related to any documents
produced by Plaintiffs after the close of fact discovery; (3) any persons identified in or related to
documents produced by Plaintiff after the filing of this identification of witnesses; and (4) any
person identified during any deposition or related to any deposition testimony provided after the
filing of this identification of witnesses. In addition, Defendants reserve the right to elicit
testimony from any witness or representative of Plaintiff or other Defendants who appears at trial
at any time, regardless of whether Defendants indicated that they would present a witness or
representative live or by deposition. Additionally, Defendants reserve the right, should the need
arise, to call rebuttal witnesses that are not identified above.
Defendants reserve the right to present any of the witnesses live and/or by deposition.
Defendants reserve the right to present deposition testimony of individuals designated by any
other party. Defendants further reserve the right to amend their designations of testimony as
appropriate including at least for the reasons specifically enumerated above. Finally, Defendants
reserve the right to designate and/or counter-designate deposition testimony from any witness or
representative of Plaintiff or other Defendants who are presented by deposition at trial.

–3–

Dated: February 13, 2013

Respectfully submitted,
/s/ Richard L. Wynne, Jr.
Bruce S. Sostek (Lead Attorney)
State Bar No. 18855700
[e-mail]
Richard L. Wynne, Jr.
State Bar No. 24003214
[e-mail]
THOMPSON & KNIGHT LLP
1722 Routh Street, Suite 1500
Dallas, Texas 75201
214.969.1700
214.969.1751 (facsimile)
ATTORNEYS FOR DEFENDANTS
ERICSSON INC.
TELEFONAKTIEBOLAGET LM ERICSSON
SONY MOBILE COMMUNICATIONS AB and
SONY MOBILE COMMUNICATIONS (USA) INC.

CERTIFICATE OF SERVICE
On February 13, 2013, a true and correct copy of the foregoing document was served in
compliance with Local Rule 5.1 and have been served on all counsel who have consented to
electronic service and all other counsel by regular mail
/s/ Richard L. Wynne, Jr.
Richard L. Wynne, Jr.

–4–

Case 6:10-cv-00521-LED Document 264

Filed 11/30/12 Page 1 of 3 PageID #: 5303

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
WI–LAN INC.,
Plaintiff,
v.

Civil Action No. 6:10–CV–521–LED

ALCATEL–LUCENT USA INC., et al.,
Defendants.

THE ERICSSON AND SONY MOBILE DEFENDANTS’ JOINT REBUTTAL TRIAL WITNESS LIST
Defendants

Ericsson

Inc.,

Telefonaktiebolaget

LM

Ericsson,

Sony

Mobile

Communications AB and Sony Mobile Communications (USA) Inc., in accordance with the
Court’s Docket Control Order entered in this case, file this Rebuttal Trial Witness List for
identification and categorization of rebuttal trial witnesses.
Defendants reserve the right to provide supplemental witnesses and to identify additional
documents and/or witnesses upon receiving further guidance from the Court regarding the trial
schedule, or upon receipt of further disclosures from Plaintiff as a result of any order from the
Court regarding trial planning.
At this time and in addition to the witnesses identified in Defendants’ Trial Witness List,
Defendants identify the following rebuttal witnesses for trial:
WITNESS

Employer

(A)
WILL CALL

Natalya
Wi–LAN Inc.
Bezryadina
Shawn McEwan Wi–LAN Inc.
Mikael
Ericsson
Gudmundson

(B)
MAY CALL
√
√
√

–1–

(C)
MAY, PROB.
NOT CALL

Case 6:10-cv-00521-LED Document 264

Filed 11/30/12 Page 2 of 3 PageID #: 5304

In addition to the witnesses listed herein, Defendants reserve the right to call witnesses
designated by any other party on their respective witness lists and rebuttal witness lists.
Defendants reserve the right to amend their lists of trial witnesses as appropriate. Specifically,
Defendants reserve the right to amend their list of trial witnesses to include: (1) any persons
identified on Plaintiff’s or any of the other Defendants’ Pretrial Disclosures; (2) any persons
identified in or related to any documents produced by Plaintiffs after the close of fact discovery;
(3) any persons identified in or related to documents produced by Plaintiff after the filing of this
identification of rebuttal witnesses; and (4) any person identified during any deposition or related
to any deposition testimony provided after the filing of this identification of witnesses. In
addition, Defendants reserve the right to elicit testimony from any witness or representative of
Plaintiff or other Defendants who appears at trial at any time, regardless of whether Defendants
indicated that they would present a witness or representative live or by deposition. Additionally,
Defendants reserve the right, should the need arise, to call additional rebuttal witnesses that are
not identified above.
Defendants reserve the right to present any of the witnesses live and/or by deposition.
Defendants reserve the right to present deposition testimony of individuals designated by any
other party. Defendants further reserve the right to amend their designations of testimony as
appropriate including at least for the reasons specifically enumerated above. Finally, Defendants
reserve the right to designate and/or counter-designate deposition testimony from any witness or
representative of Plaintiff or other Defendants who are presented by deposition at trial.

–2–

Case 6:10-cv-00521-LED Document 264

Filed 11/30/12 Page 3 of 3 PageID #: 5305

Dated: November 30, 2012

Respectfully submitted,
/s/ Richard L. Wynne, Jr.
Bruce S. Sostek (Lead Attorney)
State Bar No. 18855700
[e-mail]
Richard L. Wynne, Jr.
State Bar No. 24003214
[e-mail]
THOMPSON & KNIGHT LLP
1722 Routh Street, Suite 1500
Dallas, Texas 75201
214.969.1700
214.969.1751 (facsimile)
ATTORNEYS FOR DEFENDANTS
ERICSSON INC.
TELEFONAKTIEBOLAGET LM ERICSSON
SONY MOBILE COMMUNICATIONS AB and
SONY MOBILE COMMUNICATIONS (USA) INC.

CERTIFICATE OF SERVICE
On November 30, 2012, a true and correct copy of the foregoing document was served in
compliance with Local Rule 5.1 and have been served on all counsel who have consented to
electronic service and all other counsel by regular mail
/s/ Richard L. Wynne, Jr.
Richard L. Wynne, Jr.

–3–